On the Transformation of Modern Constitutional Functions from the Perspective of the Paradigmatic Ideas of Property: Case Studies of Lochner v. New York and Goldberg v. Kelly
EurAmerica: A Journal of European and American Studies, Vol.29, No.3, pp. 143-180, 1999
Posted: 3 Jul 2009
With the enlargement of national obligations and the transformation of constitutional functions, the concept of property has been going under changes. This paper is designed to explore the interrelationship of the paradigm-shift of the concept of property and the transformation of constitutional functions. According to the analysis of this paper, on the one hand, the paradigmatic concept of property has been going from the one of property as commodity to that of property as propriety. On the other hand, the core function of the Bill of Rights has been transformed from limiting governmental powers into integrating social consensus to construct properly ordered society. Through the case studies of Lochner v. New York and Goldberg v. Kelly, the author finds that the Opinions of the Court of the two cases just corroborate the interrelational evolution of the paradigm-shift of the concept of property and the transformation of constitutional functions, especially in the aspect of Bill of Rights. However, on account of the impacts on constitutional functions from the globalization of world systems and the increasing complexity of social systems, the concept of property is sure to dialectically fluctuate between the two paradigms mentioned above.
Keywords: property, constitutional functions, property as commodity, property as propriety, Lochner v. New York, Goldberg v. Kelly
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